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Accessible Unlicensed Requires Authentication Published by De Gruyter Oldenbourg November 1, 2017

Strategies for the Justification of Law

Walter Pfannkuche
From the journal Analyse & Kritik

Abstract

We need to acknowledge that the members of most modern societes adhere to different and partially contradictory moral convictions which to overcome we yet don’t have the intellectual means. Since such convictions typically include opions about which moral rules should be established as laws there will be disagreement about the correct rules of law as well. The article investigates the possibilities to find a system of laws that all can accept on the basis of such moral pluralism. It develops six steps and models for the required justification. As the final step has the form of a strategic negotiation the concluding section explores which forms of representation and which deviations from unanimity are acceptable within this procedural model of justification.

Published Online: 2017-11-1
Published in Print: 2017-11-1

© 2017 by Walter de Gruyter Berlin/Boston